Berta Posted January 29, 2008 Share Posted January 29, 2008 "The fact a reconsideration and a NOD was the same was news to me. Is this right" Not in my opinion- I feel a reconsideration is in order for when the RO has made an error so obvious that it would be unfair to make the vet wait until they even get to a NOD- Then again some reconsideration requests move as slowly as a NOD can- A reconsideration request can sometimes bring about a faster proper decision-but it does not replace the fact that a formal NOD MUST be filed within one year after receipt of the decision. I learned about reconsideration requests many many years ago when NVLSP described them in the VBM- many vet reps never suggest them- There are cases lost at the BVA because the vet filed a reconsideration request but never filed a formal NOD within the first year after the decision. Link to comment Share on other sites More sharing options...
roivett Posted January 29, 2008 Share Posted January 29, 2008 Hello All: I have a VSO that stated there is no difference between a NOD and reconsideration. I think while they may be correct, the operant word is "Appeal". I just initiated a reconsideration for a decision that was made in early September 2007 which increased by my sc from 10% to 50%. I submitted what I believe is the following substantial NEW EVIDENCE: an updated VA form 21-8940 (Application for increase based on Unemployability); Letter from MD and MSW recommending I stop work; SSDI award letter based "entirely" on VA medical records; Results of recent psychological testing (MMPI) with PhD findings that it endorses the chronicand severe nature of my condition; an Addendum to a C&P completed in August 2007 citing inappropriate aggressive behavior; Updated continuing clinical notes about ongoing treatment being received at VAMC; And continued medications and adjustments. I will be holding my breath for a few weeks untill I am sure the VSO does not submit this as an appeal. I was careful to use the word "reconsideration" in my Statement in Support of Claim form and avoided the word "appeal". In my region reconsiderations seem to be taking 4-6 months. What would be a safe time period to file a formal NOD in the event this matter is not concluded before the 1 year time limit? Thanks for all the help I have received so far. RWS Link to comment Share on other sites More sharing options...
Berta Posted January 29, 2008 Share Posted January 29, 2008 "What would be a safe time period to file a formal NOD in the event this matter is not concluded before the 1 year time limit? Thanks for all the help I have received so far." I would say mark your calendar to file the formal NOD in August or by Sept 1st. sounds to me like you will succeed- you have VERY good evidence- and it would be nice to get a TDIU decision well before August 2008- I sure hope the Rep supports you here-you did very well so far and you know yourself- you should definitely be granted TDIU. Link to comment Share on other sites More sharing options...
Done wit this Posted January 29, 2008 Share Posted January 29, 2008 This all sounds Like whats happening with my claim. I filed a reconsidereation myself, for to low a % and For an earlier effective date.From what I have seen or researched the Reconsideration is a nicer way to go.Not pointing out the fact that there decision was screwed up and that sometimes they will treat it- the reconsid- with a little more or should I just say less attitude. I will let you know how I make out I filed in Dec so come Sept if I do not here anything I will go to a rep and do the NOD. Hopefully I will not need to do that. I sent there regs with the reconsid to point out the screw up and let them know We are not as stupid as they seem to beleave we are. I say just send them enough so they can not say no--- Got to do there jobs for them. Good Luck! -- Macool Link to comment Share on other sites More sharing options...
roivett Posted January 29, 2008 Share Posted January 29, 2008 Macool, did you send any "new evidence" with your reconsideration? It has been my understanding that new evidence should accompany a request for reconsid. I ran across something in the Title 38 regs a while back and it stated the need for new data. It can be as simple as new progress notes. I look forward to hearing how you do. One thing I have learned from reading these forums is the need to provide them the information that leads them to make a favorable decision. Document, document, document. Good Luck. RWS Link to comment Share on other sites More sharing options...
Berta Posted January 29, 2008 Share Posted January 29, 2008 Yep- I would say however evidence, evidence, evidence- Rick- I had to file a NOD on my recon on my CUE- they had definitely started working on it-filed the claim in 2004- but the NOD year was almost up- and they sent me a DRO request review form for it- so I attached more evidence to the NOD and also to the DRO review form. Our RO (Buffalo) color codes NODs so they can tell when a year has passed and then they start working on NODs over a year old. Link to comment Share on other sites More sharing options...
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